VCS CCBC Claim Form - Not the driver - 6 years ago

The_Slithy_Tove

Challenging jurisdiction over the 6 year rule isn't as straightforward as it might be. It's not as if the claim has put a date more than 6 years previously in the claim details. Because they seem to have messed up the date, it makes it more complicated as you have to demonstrate that they have (matching PCN numbers etc.).

Fruitcake

See what others say, but I don't think it would hurt to contest jurisdiction by saying the claim is statute barred and therefore cannot be heard in the county/small claims court, then include a copy of the PCN with the date and number highlighted, and a copy of the court claim with the date it was submitted, and the PCN number highlighted.
This should prove that no matter what else the claimant says, the court claim for this specific PCN has been made well after six years from the date of said alleged event.

I think the worst that can happen is that the court will ignore it.

Coupon-mad

I think the OP either needs to do a 'strike out' application (and pay the fee - and ask for their costs back) OR the defence suggested by @Johnersh plus possibly a counterclaim. 

Johnersh

As @Coupon-mad states you contest jurisdiction *and* apply to strike or simply defend if the AoS has already been filed. 

The court does not research and apply the legislation automatically for you - in any type of claim. So, you either kick out the claim with an application or advance that argument as your complete defence to the claim. 

HNZS

Hi All
As an update, I have AoS and Filled defence along the lines of the message from Johnersh. 
And have received the confirmation letter from the court to say the defence has been passed to the claimant who has 28days to decide their next step.
Will keep you posted on outcome.
Once again thank you all for your help and support.

HNZS

Hi All

Have received the Directions Questionnaire N180 new style with New Section D re: Suitability for determination without hearing.


Will complete the DQ as follows:
C1 - No to mediation

D1 - No to determination without hearing with reason taken from https://forums.moneysavingexpert.com/discussion/comment/79267087/#Comment_79267087

"I am not content for the case to be heard 'on the papers' because that seems to disproportionately give an advantage to a legally represented party.  I feel strongly after all these years of intimidating demands from this aggressive parking firm and their agents, that I need a voice at an attended hearing.  

I wish to question the Claimant about their evidence at a hearing in person and to expose omissions and any misleading or incorrect evidence or assertions. 

Given the Claimant is a firm who complete cut & paste parking case paperwork for a living, having this case heard solely on papers would appear to put the Claimant at an unfair advantage, especially as they would no doubt prefer the Defendant not to have the opportunity to expose the issues in the Claimants template submissions or speak as the only true witness to events in question." 

E1 - Defendants home court (Do I need to specify a court and address? just making sure that it is not on the pilot)

Have I missed anything? I didn't see the new D1 question on the Newbies thread (Does someone know how to update that?)

Thanks

Hasan

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part51/practice-direction-51zc-the-small-claims-paper-determination-pilot

1.2 The Pilot will commence on 01 June 2022 (“the Commencement Date”) and will terminate on 01 June 2024 unless extended (the “Pilot Period”). Evaluation may be undertaken as the pilot proceeds and an interim report or reports may be made before the end of the pilot.

1.3 Subject to paragraph 1.4 below, the Pilot shall apply to all small claims in the County Courts at Bedford, Luton, Guildford, Staines, Cardiff and Manchester (each a “Pilot Court” and together the “Pilot Courts”) which are issued after the Commencement Date and shall not apply to existing proceedings.

KeithP

HNZS said:

E1 - Defendants home court (Do I need to specify a court and address? just making sure that it is not on the pilot)

At E1, to avoid misunderstandings, specify the court name in full. 
This website will help... www.gov.uk/find-court-tribunal

HNZS

Just out of curiosity - is there anything in law which dictates that the claimant must use the correct forms? on the N180 that they submitted it was N180 Directions questionnaire (small claims track) (04.14) © Crown copyright 2014

So its not the latest version of the form so does not have the same section D1 - are they allowed to do this? or does it not matter?

And as an aside, I was planning on returning the DQ via royal mail as there is no email address listed on the covering letter to return the form. I've seen email addresses for the CCBC on some other threads and wanted to know whether it is wise to email only or should I post only (recorded delivery)?

KeithP

HNZS said:

Just out of curiosity - is there anything in law which dictates that the claimant must use the correct forms? on the N180 that they submitted it was N180 Directions questionnaire (small claims track) (04.14) © Crown copyright 2014

So its not the latest version of the form so does not have the same section D1 - are they allowed to do this? or does it not matter?

And as an aside, I was planning on returning the DQ via royal mail as there is no email address listed on the covering letter to return the form. I've seen email addresses for the CCBC on some other threads and wanted to know whether it is wise to email only or should I post only (recorded delivery)?

Email every time.

I don't think it is worth complaining about the form the Claimant used.

Send your form to CCBCAQ@Justice.gov.uk which is what you would've used to file your Defence had you used the template Defence guidance. No criticism there - I've read earlier posts - but perhaps you need to rejoin the Template Defence thread checklist at item 7. 

HNZS

Hi All

As an update we have now received the General Form of Judgement or Order (due 6 Dec) - so it is going to to the next stage.

It was mentioned earlier in the post that we now refer to the post for newbies - but the template defence and witness statements are not applicable in this case.

So would I be right in assuming that the witness statements in this case would be copy of the defence statement:
[Deny receiving the PCN for the incorrect date
Pre-action correspondence re not the driver
Claimants cause of action has expired - statute barred
Deny claimants claim]

Followed by a timeline/breakdown of events (in own word) so that the appropriate evidence can be referenced?

Should I also add DEFENDANT’S SCHEDULE OF COSTS Ordinary Costs Loss of earnings through attendance at court hearing £95.00 
and.. re incorrect date - it puts the Burdon on me to prove that this didn't happen therefore
Further costs for Claimant’s misconduct, pursuant to Civil Procedure Rule 44.11 Research, preparation and drafting documents (Litigant in Person rate of £19 per hour): [no sure how many hours but its been a lot]

Does this seem the right approach?